Legal Opinion · Dissent

State Ex Rel. Maloney v. Wells

South Dakota Supreme Court

Decided December 29, 1961No. File 9959Published

1DissentBiegelmeier, J.

In 1889 the people of this state adopted a Constitution which in Art. IY, Sec. 12, provided for one Attorney General. That he was and is the legal advisor for all state officers, departments and commissions has been both asserted and maintained since its adoption. In 1921 this court said:

“The Attorney General is a constitutional officer, the title designates him as the attorney for the state, and his duties, independent of the statute, are those of a law officer. This section of the Code in its specific enumeration of the functions of his office, recognizes the fact that the scope of his…

2Cases cited9 opinions

  1. Fergus v. RusselIllinois Supreme Court · 1915
  2. Commonwealth v. KozlowskyMassachusetts Supreme Judicial Court · 1921
  3. Ex parte CorlissNorth Dakota Supreme Court · 1907
  4. People ex rel. Gullett v. McCulloughIllinois Supreme Court · 1912
  5. Hughes County v. HenrySouth Dakota Supreme Court · 1925

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